In Austin v. United States, 509 U.S. 602 (1993), the Court noted that the application of the Excessive Fines Clause to civil forfeiture did not depend on whether it was a civil or criminal procedure, but rather on whether the forfeiture could be seen as punishment. As one commentator has put the point, the substantive content of the Excessive Fines Clause is evolving: "The doctrine is in flux and generalization is difficult." 0000003857 00000 n
833 (2013).
Yet, the standard has never been reduced to strict factors, rigid formulae, or balancing tests. imposed.” This definition emerges when Timbs is read alongside three other decisions: (1) Austin v. United States—the Supreme Court’s decision holding that forfeitures are “fines” within the meaning of the Excessive Fines Clause; (2) United States v. Bajakajian—the only other case in which the Supreme Court has applied the Excessive Fines Clause; and (3) the Indiana Supreme Court’s decision on remand in Timbs, which surveys all available case law and adopts a helpful framework for determining excessiveness. 0000029653 00000 n
Every case is viewed holistically, considering what punishments are available, those already imposed, the effect that additional economic penalties will have on the offender and her community, the government’s motivations, examples in case law, and the historical purposes of the protection against excessive fines.Each of the seven questions is explained with reference to the excessiveness standard announced on remand in Timbs, relevant Supreme Court decisions, and examples from lower courts shedding additional light. Timbs, Austin, and Bajakajian, when combined with examples from federal circuit courts and state high courts, represent a cogent standard for excessiveness. Instead, the “fundamental” and “deeply rooted” right recognized in Timbs requires courts to … Others have proposed a balancing test; this Article proposes an open-ended inquiry that should be allowed to develop on a case-by-case basis.
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This emerging standard can be summarized using the familiar “five W’s (and one H).” There are seven salient questions: Who committed what offense; when and where; what property is the government taking; how was that particular property involved in the offense; and why does the government want it? <> The Court was apparently willing to consider any number of factors in making this evaluation; civil forfeiture was found to be at least partially intended as punishment, … 393 0 obj 0000025187 00000 n
Imposing fines is considered a discretionary power of the judge, and the decision of a lower court judge on fines will be over turned if that judge is found to have abused his/her discretion in deciding setting fines. If excessive … Get the Excessive Fines Clause legal definition, cases associated with Excessive Fines Clause, and legal term concepts defined by real attorneys. In Waters-Pierce Oil Co. v. Texas, 212 U.S. 86 (1909), the Supreme Court held that excessive fines are those that are "so grossly excessive as to amount to a deprivation of property without due process of law". scope and meaning. %PDF-1.7
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When calculating fines, courts must consider the defendant’s financial resources and the burden of the fine to the defendant, as discussed in United States v. I, § 16 Analogous provision present in the current Alabama constitution and the constitutions of 1901, 1875, 1868, 1865, 1861. Instead, the “fundamental” and “deeply rooted” right against excessive economic sanctions … Excessive Fines. See more. 0000006901 00000 n
of 1836, art. The excessive fines clause of the 8th Amendment is a bit more vague than the excessive bail and cruel and unusual punishment clauses. 0000033501 00000 n
In an early case, it held that it had no appellate jurisdiction to revise the sentence of an inferior court, even though the excessiveness of the fines was apparent on the face of the record. summer 20131 excessive fines clause original meaning defendant's inability to pay a fine as a relevant consideration in the context of the Eighth Amendment.' 0 Because fines are imposed after a defendant has been convicted, and have nothing to do with depriving him of his liberty prior to trial, U.S. courts have greater discretion in imposing fines for criminal acts. Posted: 9 Apr 2021
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The threshold question of whether the Excessive Fines Clause applies in any given case turns on whether the sanction is a “fine” — meaning a punitive or “partially punitive” sanction. endobj The Excessive Fines Clause Excessive Fines Clauses State First Excessive Fines Clause Subsequent Clauses AL ALA. CONST. 5 … The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after … This page was processed by aws-apollo4 in 0.156 seconds, Using these links will ensure access to this page indefinitely. This Essay sketches the outlines of a forfeitures jurisprudence under the Eighth Amendment’s Excessive Fines Clause in which the effect of property deprivations on individuals and their families—in particular, the infliction of financial hardship—is a core criterion in assessing a forfeiture’s severity. <<4C05F34023ABB2110A0020C2E15BFE7F>]/Prev 460836>> 0000007292 00000 n
The Excessive Fines Clause is a critical check on the government’s power to punish people and take their property. The Eighth Amendment’s standard can be traced through centuries of Anglo-American law. 32 The Court based this conclusion on a review of the history and purposes of the Excessive Fines Clause. award against it was an excessive fine, since the jury had awarded only $51,146 in compensatory damages.29 The Court denied the Eighth Amendment claim and held that interpretation of the amendment should be guided by the meaning of the amendment at the time it was adopted.30 That historical meaning derived directly Timbs also gives definition to those “excessive fines” the Constitution guarantees “shall not be . II, § 17 Analogous provision present in the current Arkansas constitution and the constitutions of 1874, 1868, … The Court was apparently willing to consider any number of factors in making this evaluation; civil forfeiture was found to be at least partially intended as punishment, … EXCESSIVE FINES. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies.” She added, “Even absent a political motive, fines … The meaning of “excessive fine” has been open ended and fact-specific for a long time. . 0000006509 00000 n
The result is an Eighth Amendment excessiveness standard with contours and shape but little in the way of firm boundaries. Excessive fines clause limits the government's power to extract payments, whether in cash or in kind, as punishment for an offense. The Court wrote in its syllabus: 0000013852 00000 n
The meaning of “excessive fine” has been open ended and fact-specific for a long time. In addition to monetary payments, the excessive fines clause applies to forfeitures of property, as held in Austin v. United States, 509 U.S. 602 (1993). Excessive Fines Clause. 0000008266 00000 n
Livelihood, Ability to Pay, and the Original Meaning of the Excessive Fines Clause, 40 Hastings Const. 0000001627 00000 n
To learn more, visit
72 Ala. L. Rev. 0000029469 00000 n
At the time the Eighth Amendment was adopted, the Court noted, the word ‘fine’ was understood to mean a payment to a sovereign as punishment for some offense. n. an amount of bail ordered posted by an accused defendant which is much more than necessary or usual to assure he/she will make court appearances, particularly in relation to minor crimes. 0000002859 00000 n
31 Pages
Seven Questions to Ask After Timbs (March 18, 2021). h�b```b``ig`e`Z� �� @16�?�`O��$�*�T��w�Z�mY���1 2,f```������D6[��,+���D��gbgWY��$Т��$$�Z@�̳,�&�qQ�ޡ_o���=�. 0000009571 00000 n
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RIGHT AGAINST EXCESSIVE FINES AND CRUEL PUNISHMENTS Meaning of Excessive Fine from LAW MISC at Baguio Central University whether the Excessive Fines Clause of the Eighth Amendment applies to restitution orders has not been answered, despite the fact that both have been around for well over 200 years. This page was processed by aws-apollo4 in. 0000001484 00000 n
But to say that the Clause applies and that it is violated are, of course, two very different things. This Article explains how Timbs v. Indiana does more than hold that the Eighth Amendment’s Excessive Fines Clause applies to state and local authorities. 0000032002 00000 n
No Excessive Bail: The first portion of the Eighth Amendment concerns bail— the money paid by a defendant in a criminal case in exchange for his or her release from jail before trial. CONST. The panel held that the Excessive Fines Clause applies to municipal parking fines… 0000006152 00000 n
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Substantive Limits Imposed by the Excessive Fines Clause. Firstly, the Court believed that proceeds of illegal drug transactions were not subject to an excessive fines analysis, because the driver was never legally entitled to it, “in the same way that a bank robber … Hottot, Wesley, What Is An Excessive Fine? Suggested Citation, 901 N. Glebe RoadArlington, VA 22203United States206-957-1300 (Phone)206-957-1301 (Fax), U.S. Excessive definition, going beyond the usual, necessary, or proper limit or degree; characterized by excess: excessive charges; excessive criticism. Thus, abuse of discretion is the standard used in checking if fines … 0000000016 00000 n
L.Q. AR ARK. . The Supreme Court has previously ruled that civil asset forfeiture … Excessive Fines Clause explained. Excessive Fines Clause Law and Legal Definition. 0000002314 00000 n
Keywords: Excessive Fines Clause, forfeiture, civil asset forfeiture, Timbs, Bajakajian, Five Ws (and one H), criminal justice, Institute for Justice, Suggested Citation:
trailer Bail is returned to the defendant when he or she appears at … Under the ordinance, if a person parks her car past the allotted time limit and forces people to drive around in search of other parking spaces, she must pay a $63 fine. 0000002051 00000 n
The Court based this conclusion on a review of the history and purposes of the Excessive Fines Clause. Yet, the standard has never been reduced to strict factors, rigid formulae, or balancing tests. At the time the Eighth Amendment was adopted, the Court noted, "the word 'fine' was understood to mean a payment to a sovereign as punishment for some offense." The meaning of “excessive fine” has been open ended and fact-specific for a long time. 0000001649 00000 n
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The Meaning. Instead, the “fundamental” and “deeply rooted” right recognized in Timbs requires courts to focus on all the circumstances of a particular offense and particular offender. Finally, Professor Cordray … The Eighth Amendment’s standard can be traced through centuries of Anglo-American law. Indiana’s Solicitor General attempted to argue that a civil asset forfeiture is not a fine, but the Court appeared unconvinced. 0000002577 00000 n
Constitutional Law: Rights & Liberties eJournal, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Criminal Procedure eJournal, We use cookies to help provide and enhance our service and tailor content. The Eighth Amendment’s standard can be traced through centuries of Anglo-American law. 581 (2021), Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. By answering these questions based on all the evidence, courts can determine whether a fine or forfeiture is excessive.Like the five Ws, the seven questions of excessiveness are open-ended by design. of 1819, art. The Tennessee Supreme Court held that the forfeiture of the vehicle did not violate the excessive fines clause of either the Tennessee or United States Constitution. But excessive fines are in the eye of the beholder, and Appleseed’s research makes clear that fines that would be manageable for some are devastating for others. No one should lose their driver’s license, and with it, their ability to work, because they cannot afford to pay a ticket, fees, and interest for a busted headlight. Each case in judged on an individual basis, taking into account, among other factors, the defendant's assets, ties to the community, and flight risk. This Article offers solutions to further the conversation regarding the Eighth Amendment’s limits on restitution. Excessive fines clause: Unlike the excessive bail clause, courts are given greater freedom under excessive fines clause. On February 20, 2019 in the case of Timbs v.Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019), the United States Supreme Court held that the Eighth Amendment’s Excessive Fines Clause was “fundamental to our scheme of ordered liberty,” with “dee[p] root[s] in [our] history and tradition.”The Court concluded that the Excessive Fines Clause is therefore incorporated by the … United States, 509 U.S. 602 (1993), the Court noted that the application of the Excessive Fines Clause to civil forfeiture did not depend on whether it was a civil or criminal procedure, but rather on whether the forfeiture could be seen as punishment. 0000005660 00000 n
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%%EOF Professor Cordray then analyzes, in light of both the historical understanding of contempt law and its current operation, whether criminal contempt sanctions or coerceive civil contempt sanctions are subject to the Excessive Fines Clause, and she concludes that both are sufficiently punitive in nature to trigger application of the Clause. startxref 0000003427 00000 n
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Though ratified in 1791, the Excessive Fines Clause was finally applied to all state and local governments only in 2019, when the U.S. Supreme Court unanimously handed down its decision in Timbs v. Excessive fines clause is a clause of the Eighth Amendment to the U.S. Constitution which prohibits the imposition of excessive fines. It is important to recognize that a constitutional jurisprudence faithful to the economic-survival aspects of the Eighth Amendment's original meaning would not simply 0000003142 00000 n
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